Blaw212 - Study guides, Class notes & Summaries

BLAW212 Test with Complete Solutions Tort - Answer-Civil wrong Issue between people and community Other than a breach of contract or trust For which court will give a remedy Legal Relationships - Answer-Rules that determine when a party is liable to pay comp. Torts reflect the rights to have certain interests protected & hold somebody to account if they breach those rights Types of Torts - Answer-Negligence - get something wrong Negligence misstatement - mistakes in F.S Negligence (...

BLAW212 Study Guide Questions with All Correct Answers what is a tort - Answer-A civil wrong Other than a breach of contract or breach or trust for which a court will remedy damages What is negligence - Answer-Breach of the expected standard of care where there is a requirement or duty of care (outside a contract), causing loss Donoghue v Stevenson - Answer-Snail in ginger beer there was no contractural or fiduciary relationship she claimned negligence Foreseeability Principle - A...

BLAW212 Test Questions with All Correct Answers Misrepresentation Section & Act - Answer-Section 35 of the contract and commercial law act Misrepresentation Law - Answer-A party to a contract will be entitled to damages they was induced to enter into the contract by misrepresentation made by or on behalf of the other party Misrepresentation test - Answer-1. False statement of past or present facts 2. The statement was material in inducing the plaintiff into entering the contract 3. ...

BLAW212 Exam Questions with All Correct Answers What is a contract? - Answer-A promise or set of promises which the law will enforce Four elements of a contract - Answer-Offer, acceptance, intention to be bound, consideration Definition of offer - Answer-An offer is clear and unambiguous undertaking or promise to be bound by specified terms which becomes binding upon acceptance Invitation to treat - Answer-another party is invited to make an offer or enter negotiations Revocation of...

BLAW212 2024 PRACTICE EXAM QUESTIONS WITH COMPLETE SOLUTIONS GRADED A+ Insolvent definition - Answer-unable to pay ones debts or discharge ones liabilities bankruptcy definition - Answer-where a real person is adjudged insolvent by a court and where that person's property is administered for and dividend amongst creditors Liquidation or winding up - Answer-where an insolvent company's assets are realised to discharged its liability, terminating the business of the company 4 core are...

BLAW212 FINAL EXAM TEST QUESTIONS WITH CORRECT DETAILED ANSWERS GRADED A+ Composition during bankruptcy - Answer-Compromise proposal to creditors, 3/4 must accept by number and value Proposal prior to bankruptcy - Answer-Similar to composition and need 3/4. Business is no longer running but there is still plenty of work to do Summary instalment orders - Answer-$40,000 or less, you can pay in instalments over time. Can't sue unless there is a default in the process. No asset proced...

BLAW212 STUDY GUIDE QUESTIONS WITH REVISED AND UPDATED ANSWERS But for test - Answer-- defendants conduct caused the plaintiff's harm IF the harm would not have occurred BUT FOR the defendants conduct a. defendants conduct not a cause of the harm if the harm to the plaintiff would have occurred any way b. multiple causes but for divisible and indivisible - Answer-divisible- is it possible to seperate the causes of the loss Indivisible- impossible to link particular actions to particul...

BLAW212 1ST HALF EXAM QUESTIONS AND ANSWERS (VERIFIED ANSWERS) WITH RATIONALES GRADED A+ misrepresentation elements - Answer-1. A false statement of past or present fact. 2. the false statement was material in inducing the party to whom it was made to enter the contract. 3. As a result of relying on the truth of the false statement that party suffered a loss. mere puff - Answer-not actionable in representation mere silence in mispresentation - Answer-will not generally be misrepresentat...

BLAW212 TEST QUESTIONS WITH ALL CORRECT ANSWERS GRADED A+ Vicarious liability steps - Answer-1. Employer or Contractor 2. Link the tort with the job Vicarious liability - Answer-When a employer is responsible for the actions of an employee acting in the course of their employment. Employee or Independent contractor tests - Answer-1. the intention test 2. Control vs independence 3. The integration test 4. The economic reality test Linking the tort with the job test - Answer-Close conne...

BLAW212 TEST WITH 100% CORRECT ANSWERS GRADED A+ Skilled Person: Business context - Answer-Special skill or knowledge Don't need to be a professional Given in a professional/business capacity Knowledge Test - Answer-Relationship exists where - Advice required for a purpose made known at time given - Advisor knows advice will be communicated to advisee & used for that purpose - Known the advice is likely to be acted on for that purpose w/o independent inquiry - Acted upon to advisee...